FAQ's On REGISTRATION

Q1: What Is Registration?

Ans. Registration Means Recording Of The Content Of A Document With A Registration Officer And Preservation Of Copies Of The Original Document.

Q2: Why Documents Are Registered?

Ans: The Documents Are Registered For The Purpose Of Conservation Of Evidence, Assurance Of Title, Publicity Of Documents And Prevention Of Fraud. Also, Registration Helps An Intending Purchaser To Know If The Title Deeds Of Particular Property Have Been Deposited With Any Person Or A Financial Institution For The Purpose Of Obtaining An Advance Against The Security Of That Property.

Q3: Which Document Require To Be Compulsory Registered?

Ans. Section 17 Of The Registration Act, 1908 Lays Down Different Categories Of Document For Which Registration Is Compulsory. The Documents Relating To The Following Transaction Of Immovable Properties Are Required To Be Compulsory Registered;

a)     Instrument Of Gift Of Immovable Property;

b)     Lease Of Immovable Property From Year To Year For Any Term Exceeding 1 Year Or Reserving A Yearly Rent.

c)     Instrument Which Create Or Extinguish Any Right Or Title To Or In An Immovable Property Of A Value Of More Than Rs.100.

Under Section 2(6) The Term “Immovable Property” Includes: “Land, Building, Hereditary Allowances, Right To Ways, Lights, Fisheries Or Any Other Benefit To Arise Out Of The Land And Things Attached To Earth, Or Permanently Fastened To Any Things Which Is Attached To The Earth, But Not Standing Timber, Growing Crops Not Grass”

Q4: Which Document Has To Be Registered?

Ans. Section 28 Of Registration Act, 1908 States That All Documents Of Which Registration Is Compulsory If It Relates To An Immovable Property As Well As A Few Documents Of Which Registration Is Optional Should Normally Be Presented For Registration In The Office Of Sub-Registrar Within Whose Sub-District The Whole Or Some Portion Of The Property To Which The Documents Relates Is Situated.

Q5.Is It Possible To Register A Document At A Person’s Private Residence?

Ans: Under Section 31, A Provision Has Been Made Authorizing The Registering Officer, On Special Cause Being Shown (For Instance If The Person Is Physically Handicapped) To Attend At The Residence Of Any Person Desiring To Present A Document For Registration And Accept For Registration Such A Document Or A “Will”, Provided Registering Officer Is Satisfied About The Special Cause Shown Is Sufficient.

Q6. What Procedure Is Followed At The Time Of Lodging A Document For Registration?

Ans: For Registration Of Any Instrument, The Original Document Which Should Be Typed/Printed On One Side Only Along With Two Photocopies Of The Original Have To Be Submitted To The Registering Officer. The Copies Are Required To Be Photocopied Only On One Side Of The Paper And There Has To Be A Butter Paper Between The Two Photocopies.